Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-018/1998
Project Title: Widening of Yuen Long Highway between Lam Tei and Shap Pat Heung Interchange
Name of Applicant: Major Works Project Management Office, Highways Department, Hong Kong SAR Government
1.1 An application (No. ESB-018/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 22nd October 1998 with a project profile (No. PP-028/1998).
1.2 The Applicant proposes to widen the Yuen Long Highway between the junction with Tuen Mun Highway and Shap Pat Heung Interchange from a dual-2 lane to a dual-3 lane carriageway. The alignment of the proposed road widening project is shown in the attached drawing No. YLH005. The project covered in the project profile is a designated project under the EIAO by virtue of Part I A.1 of the EIAO.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated project and related activities taking place concurrently. This information will contribute to decisions by the Director on:
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.
3.2 The scope of this EIA study covers the proposed project mentioned in section 1.2 above, including:
3.3 In general, the boundaries of the assessment for the purpose of this EIA shall be of 500m along the full stretch of the proposed road widening (as shown in the drawing No. YLH005) and any associated works including all off-site works areas and locations. The assessment shall cover not only the proposed road widening works along the principal alignment and associated work sites/works areas but also any off-site locations, activities and impacts due to the construction and operation of the project.
3.4 The Applicant shall take note of the information of the ongoing and the findings of the completed studies including the "Planning and Development Study on North West New Territories" and the "Yuen Long Bypass Floodway EIA study" and provide all background information relevant to the project. The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the project scope set out above. The EIA study shall include the following technical requirements on specific impacts:
3.5 Air Quality Impact
3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the TM, respectively.
3.5.2 The assessment area for operational air quality impact shall generally be defined by a distance of 500m from the project boundaries.
3.5.3 The air quality assessment shall include the following:
The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and shall initiate a monitoring and audit programme during construction to ensure construction dust impacts are controlled within the relevant standards as stipulated in Annex 4 of the TM.
3.6 Noise Impact
3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.
3.6.2 The noise impact assessment shall include the following:
The area for the noise impact assessment shall include all areas within 300m from the project boundaries. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the project boundaries, provides acoustic shielding to those receivers at further distance behind.
The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies.
The Applicant shall provide an inventory of construction equipment for construction noise assessment and road traffic data for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
3.7 Water Pollution
3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively.
3.7.2 The assessment area for water quality impact shall generally be defined by a distance of 300m from the project boundaries.
3.7.3 The Applicant shall identify, assessment and evaluate any potential surface run-off and stormwater impacts, including any potential chemical and toxic substance spillages during both construction and operation stages. Pollution control and mitigation measures and Best Management Practices (BMPs) shall be recommended to reduce potential impacts to within established standards, objectives and criteria.
3.8 Waste Management Implications
3.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.
3.8.2 The assessment of waste management implications shall cover the following:
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
3.9 Land Contamination Impact
3.9.1 For the proposed road widening and associated works, the Applicant shall provide a clear and detailed account of the present use of the land within the project boundaries (e.g. description of the activities, chemicals and hazardous substances handled with a clear indication of their storage and location by reference to a site map) and the relevant past land history in relation to possible land contamination (e.g. accident records, change of land use, etc.). Particular reference shall be given to the land uses identified in section 3.1 of Annex 19 of TM.
3.9.2 If any land uses, conforming to those included in section 3.1 of Annex 19 of the TM, are identified during the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement before conducting the land contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.
3.9.3 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.
3.10 Landscape and Visual Impact
3.10.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM, respectively for evaluating and assessing landscape and visual impacts.
3.10.2 All sensitive receivers and uses shall be assessed within the visual envelope outlining the area of land of which there is a view of any part of the proposed road widening works, its structure, or the traffic which will use it.
3.10.3 The landscape and visual impact assessment shall include the following:
3.10.4 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework such as open space, green belt, woodland etc and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development.
3.10.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
3.10.6 The Applicant shall review outline zoning plans, outline development plans, layout plans, planning briefs and studies etc, which may contain guidelines and control on specific design elements including open space, green belt, woodlands etc. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with the statutory town plans should be highlighted and appropriate follow-up action should be recommended.
3.10.7 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall also include the retention of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, reprovisioning of open space, amenity area design and finishes of structures, colour scheme and texture of material used and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out.
3.10.8 Perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the proposed project. The applicant shall record the technical details in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustration.
3.11 Cultural Heritage Impact
3.11.1 Study requirements for the Cultural Heritage Impact Assessment and the location plans of AMO’s identified potential heritage sites are detailed at Annex A and Annex B
4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS
4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.
4.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
5. DURATION OF VALIDITY
5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.
6. REPORT REQUIREMENTS
6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.
6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the Executive Summary:
6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
6.4 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
6.5 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
7. OTHER PROCEDURAL REQUIREMENTS
7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.
7.2 If there is any key change in the scope of the project mentioned in section 1.2 and section 3.2 of this EIA study brief and in Project Profile (No. PP-028/1998), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.
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